USWork visaLimited

H-1B work visa in the US

A visa for specialists hired by a specific US employer into a post calling for highly specialised knowledge and a relevant higher education. The documents are filed by the employer: it runs the petition in the future employee's interests. There are fewer places than applicants, so most petitions go through a random selection and an application may never reach review. The visa is tied to the post and the employer: at a new job the employer files a separate petition.

Source: uscis.gov — H-1B Specialty Occupations

Who needs the lottery and who does not

The conditions for a particular person depend not on their profession but on the type of employer — that is what decides whether the petition takes part in the annual quota lottery.

An employer under the general quota

A private company, a start-up or any other business not connected with education or science
The petition takes part in the annual electronic registration lottery — without selection the petition itself cannot be filed
It counts against the main annual quota and against the separate quota for holders of a master's or higher degree from a US institution

A cap-exempt employer

A university, a college or an organisation closely affiliated with a higher education institution
A non-profit or government research organisation
The petition can be filed at any point in the year — the lottery and the annual quota do not apply

When the programme will not suit you

There is no employer prepared to formally arrange and run the petition

Look at categories that are not tied to a particular employer — for example those for people with outstanding achievements or for investors

You plan to work for yourself or as an independent contractor

The visa requires an employment relationship with the petitioning employer; self-employment calls for a different immigration category

The registration did not win the lottery and the employer is not a university or research body

Either try in the next annual registration cycle, or look for a cap-exempt employer (a university, an organisation affiliated with one, or a non-profit or government research organisation)

Six years have already been worked on this status and the permanent residence process has not been started

An extension beyond the usual limit is possible only where an application for permanent residence has been filed in advance — otherwise you have to consider leaving the country or changing to another status category

What it costs

H-1B lottery registration for one candidatePaid by the employer when the electronic registration is filed in the USCIS system; the fee is not refunded, even if the registration is later withdrawn.	215 USD
Base fee for filing Form I-129 on paper (standard employer)	780 USD
Base fee for filing Form I-129 online (standard employer)	730 USD
Fee for filing Form I-129 for small employers and non-profitsThe rate is the same for paper and online filing; it applies to employers with 25 or fewer full-time staff (including affiliated companies), and to eligible non-profit and government research organisations.	460 USD
Asylum Program FeePaid by the employer with every Form I-129 filing, whatever the outcome of the petition.	600 USD
Asylum Program Fee at the reduced rate for small employers	300 USD
Exemption from the Asylum Program Fee for non-profit organisationsEligible non-profit and government research organisations are entirely exempt from this fee.	0 USD
The American Competitiveness and Workforce Improvement Act (ACWIA) training fee for a large employerPaid by employers with more than 25 full-time staff on the initial grant of H-1B status, or when the beneficiary moves from another employer.	1 500 USD
ACWIA fee at the reduced rate for small employersFor employers with 25 or fewer full-time staff.	750 USD
Fraud Prevention and Detection FeePaid on the initial grant of H-1B status, or when the beneficiary moves from another employer; it is not charged on a simple extension with the same employer.	500 USD
The additional fee under Public Law 114-113 for large H-dependent employersPaid alongside the fraud prevention fee only by employers with 50 or more staff in the USA, more than half of whom hold H-1B or L-1 status.	+4 000 USD
Premium processing of the petition (Form I-907)An optional service: USCIS undertakes to respond to the petition — with an approval, a refusal, a request for evidence or a notice of intent to deny — within 15 business days; the rate applies from 1 March 2026, before which it was USD 2,805.	+2 965 USD
The additional payment under the presidential proclamation on non-immigrant workersIntroduced by an order of 19 September 2025 for new H-1B petitions filed from 21 September 2025 onwards, for beneficiaries without a valid H-1B visa. From 8 June 2026 the requirement has been suspended by a decision of the federal District Court of Massachusetts (State of California v. Mullin); on 24 July 2026 the court of appeals refused the administration a stay of that decision, and as at the date checked the payment is not being charged — but the agency states that it intends to require it again if the injunction is set aside above. It is worth checking the current position before filing.	+100 000 USD
Total government feesThe sum of the mandatory rows in the table. “The additional fee under Public Law 114-113 for large H-dependent employers” adds 4 000 USD; “Premium processing of the petition (Form I-907)” adds 2 965 USD; “The additional payment under the presidential proclamation on non-immigrant workers” adds 100 000 USD; the “Base fee for filing Form I-129 online (standard employer)” branch replaces the “Base fee for filing Form I-129 on paper (standard employer)” line — 3 545 USD; the “Fee for filing Form I-129 for small employers and non-profits” branch replaces the “Base fee for filing Form I-129 on paper (standard employer)” line — 3 275 USD; the “Asylum Program Fee at the reduced rate for small employers” branch replaces the “Asylum Program Fee” line — 3 295 USD; the “Exemption from the Asylum Program Fee for non-profit organisations” branch replaces the “Asylum Program Fee” line — 2 995 USD; the “ACWIA fee at the reduced rate for small employers” branch replaces the “The American Competitiveness and Workforce Improvement Act (ACWIA) training fee for a large employer” line — 2 845 USD. Charges with no official price list are in the list below.	3,595–110 560 USD

Paid separately

The services of a lawyer or immigration adviser — Not part of the government fees; paid separately by agreement with the employer or by the applicant themselves.
The consular fee for a non-immigrant visa (the MRV fee) — Charged by the US State Department separately from the USCIS fees when the visa is placed in the passport at an embassy or consulate.
Credential evaluation of a foreign degree — A service provided by private evaluation agencies; it is needed where the degree was obtained outside the USA, to confirm that it matches the requirements of the post.

Documents to gather

The pack is assembled by the employer, but part of the documents must be provided by the future employee.

A completed Form I-129 'Petition for a Nonimmigrant Worker' with the H Classification Supplement
The H-1B Data Collection and Filing Fee Exemption Supplement
A Labor Condition Application certified by the US Department of Labor (Form ETA-9035/9035E), signed by the employer
Evidence of the wage level and a salary offer that matches the prevailing wage for the post
A copy of the registration selection notice and the registration confirmation number (for petitions subject to the quota)
The beneficiary's passport, and for a change of status inside the country, copies of Form I-94 and of previous approvals
A higher education degree or an evaluation of equivalence for a foreign degree, evidencing that it matches the field of the post
Form G-28, if the petition is filed by a lawyer or an accredited representative
Receipts for payment of all applicable fees

How the process runs

The order below describes the typical scenario for an employer under the general quota; for cap-exempt organisations registration and the lottery are not required.

1
Electronic registration in the lottery
a window of about two weeks in March
The employer sets up a USCIS organisational account and files an electronic registration for each candidate, paying the registration fee for each of them.
2
Selection of registrations (the lottery)
notices are sent out within a few days of registration closing
USCIS randomly selects the number of registrations needed to fill the main quota and the master's quota; the petition itself can only be filed on a selected registration.
3
Certification of labour conditions with the Department of Labor
The employer files and obtains certification of Form ETA-9035/9035E (the Labor Condition Application), confirming the salary and working conditions for the post.
4
Filing the I-129 petition with USCIS
within the window allowed after the selection notice
The employer files Form I-129 with its supplements, the certified LCA and evidence that the post meets the specialty occupation requirements; cap-exempt employers can file the petition at any time of year without prior registration.
5
The USCIS decision on the petition
standard periods vary; with premium processing paid for — 15 business days
USCIS approves the petition, refuses it, sends a request for further evidence (an RFE) or a notice of intent to deny.
6
Obtaining the visa or changing status
An applicant outside the USA attends an interview and receives the visa at a consulate; an applicant already in the USA on another status receives the change of status together with the approval of the petition.
7
Starting work with the employer
For petitions under the quota, work cannot start earlier than the first day of the fiscal year for which the status was requested; for cap-exempt employers — from the date stated in the petition, or from approval.

Timelines and rights

Work

You work only for the employer that filed the petition, and in the post described in it. A new employer files a new I-129 petition for you.

Who you can bring with you

The spouse and minor children can accompany the main applicant on H-4 status.

The spouse

Receives H-4 status for a period matching the main applicant's status. They may separately apply for work authorisation (Form I-765) if the main applicant is already at an advanced stage of the permanent residence process — for example, is the principal beneficiary of an approved immigrant petition for permanent resident status, or is extending status beyond the usual period under the rules connected with delays in reviewing such a petition. Work is possible only after that separate authorisation has been approved.

Unmarried children under 21

Receive H-4 status for the period of the parent's status; they have no independent right to work.

Trips, renewal and the grace period

H-1B is a temporary status and requires no minimum period of residence. Years spent on it do not count towards citizenship: the count begins on the day the green card is received.

The initial period of stay is granted for up to three years, after which it can be extended for up to three years more — up to six years on this status in total. The overall limit can be exceeded only where the employee already has an approved petition for permanent residence but no visa is available because of the quota queue, or where at least a year has passed since the labour certification application or the immigrant petition was filed. A separate restriction applies to employees who own more than half of the employing company — their initial status and first extension are limited to eighteen months instead of three years.

How it differs from the routes next to it

The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.

	H-1B work visa	Asylum through USCIS	Asylum through the immigration court
Money	The fee for each electronic registration in the lottery is USD 215	No government fee for Form I-589; no income or sponsor requirement	No government fee for the I-589
Work	You work only for the employer that filed the petition, and in the post described in it	After the grant — work without restrictions; while the case is pending, an EAD after 180 days	After the grant — work; while the case is pending, an EAD after 180 days
Residence	H-1B is a temporary status and requires no minimum period of residence	No minimum period; physical presence is required, filing within 1 year	Physical presence in the United States is required

What comes next: permanent residence and citizenship

Route to permanent residence

There is no direct route from H-1B to permanent status. The usual path is EB-2 or EB-3 through an employer, which first requires Department of Labor labour certification.

Route to citizenship

The count runs not from the H-1B but from the green card: 5 years of permanent residence, 30 months of physical presence, Form N-400.

Frequently asked questions about H-1B work visa

How does the annual H-1B lottery work, and what happens if the employer does not win the selection?

Each year a short electronic registration window opens: the employer sets up a USCIS organisational account and files a registration for each candidate, paying a separate fee for each — which is not refunded, even if the registration is later withdrawn. If there are more applications than places in the main quota and the separate quota for holders of a master's or higher degree from a US institution, USCIS randomly selects the number of registrations needed; from a recent season the selection has become weighted and gives priority to higher-paid posts. The petition itself can only be filed on a selected registration; if it does not win, all that remains is to wait for the next annual cycle or to look for an employer that does not take part in the quota at all.

Is the additional fee of $100,000 discussed in connection with the presidential proclamation currently in force?

Formally, the requirement for an additional payment on part of the new H-1B petitions was introduced by an order in autumn 2025, but in the summer of 2026 the federal District Court of Massachusetts set aside the guidance implementing that requirement, and the court of appeals refused the administration a stay of the decision pending appeal. As at the date checked the payment is in practice not being charged, although the agency officially disagrees with the court's decision and states that it intends to bring the fee back if the injunction is set aside by a higher court — the position is worth checking immediately before filing the petition.

Can the spouse of an H-1B holder work in the USA?

Not automatically. The spouse receives H-4 status and must separately apply for work authorisation, which is approved only where the main applicant is already at an advanced stage of the permanent residence process — for example, is the principal beneficiary of an approved immigrant petition for permanent resident status, or is extending status beyond the usual period under the rules connected with delays in reviewing such a petition. Until that separate authorisation is approved, work is not permitted.

What happens if the employer dismisses the employee before the visa expires?

The employee has a grace period — up to 60 days or until the end of the authorised period of stay, whichever is shorter — to find a new employer who will file a new petition, change to another status, or leave the country. If the dismissal was at the employer's initiative rather than the employee's own wish, it is the employer that must cover the reasonable costs of return transportation home.

Can you change employer while staying on this status?

Yes, the new employer files a separate I-129 petition, and in most cases the employee can start the new job as soon as that petition is filed, without waiting for it to be approved. If the employee is moving from a cap-exempt employer to one that is subject to the quota, the new petition does count against the general annual quota.

Other ways to move to US

Every route in one list — migration programmes: US.

The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 7 August 2026.